Legal Opinion
Dillard v. LaVallee
Court of Appeals for the Second Circuit
Decided July 26, 1977No. 1377, Docket 77-2046PublishedCited by 4 opinions
1Opinion of the Court
J. JOSEPH SMITH, Circuit Judge:
Taylor Dillard appeals from the dismissal of his petition for a writ of habeas corpus by the United States District Court for the Eastern District of New York, George C. Pratt, Judge. Dillard claims that his sentence as a second felony offender, pursuant to New York Penal Law § 70.06, violates the equal protection clause of the fourteenth amendment. We find no merit in this claim and affirm.
I
In May, 1971 Dillard was convicted of the felony of operating a motor vehicle in an intoxicated condition, in violation of New York Vehicle and Traffic Law § 1192. This…
2Cases cited5 opinions
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- United States v. RainesSupreme Court of the United States · 1960
- Marshall v. United StatesSupreme Court of the United States · 1974
- United States v. Benjamin J. ThompsonCourt of Appeals for the D.C. Circuit · 1972
- United States Ex Rel. Alejandro Daneff v. Robert Henderson, Superintendent, Auburn Correctional Facility, Auburn, New YorkCourt of Appeals for the Second Circuit · 1974
3Cited by4 opinions
- Larry Frazier v. John R. Manson, Commissioner of Corrections, Kenneth Schaffer v. Carl Robinson, WardenCourt of Appeals for the Second Circuit · 1983
- George Joseph Francis Haag v. Benjamin Ward, New York State Board of ParoleCourt of Appeals for the Second Circuit · 1980
- People v. ButtsAppellate Division of the Supreme Court of the State of New York · 1987
- Taylor Dillard v. J. Edwin Lavallee, Warden of the Clinton Correctional Facility, and Benjamin Ward, Commissioner of the New York State Department of Correctional ServicesCourt of Appeals for the Second Circuit · 1977